Draft_PWS_-_R17PS00449.pdf

PERFORMANCE WORK STATEMENT (PWS)

Mendota Pool Bypass and Reach 2B Channel Improvements Project

Biological Monitoring and Survey Support

1.0 BACKGROUND

The mission of the Bureau of Reclamation (Reclamation) is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

The San Joaquin River Restoration Program (SJRRP) Office focuses on implementing the Settlement known as Natural Resources Defense Council, et al. v. Kirk Rodgers, et al. and is authorized and directed by the San Joaquin River Restoration Settlement Act, Public Law 111-11.

The SJRRP is a comprehensive long-term effort to restore flows to over 150 miles of the San Joaquin River from Friant Dam to the confluence of the Merced River and restore a self-sustaining Chinook salmon fishery in the river while reducing or avoiding water supply impacts from Restoration Flows.

Completed in 1942, Friant Dam, which impounds Millerton Lake, near Fresno, CA, is the primary dam controlling flows in the San Joaquin River. Historic operation of Friant Dam resulted in no flows in portions of the San Joaquin River for all or substantial periods during most years and corresponding impacts to fisheries.

In 1988, a coalition of environmental groups led by the Natural Resources Defense Council (NRDC) filed a lawsuit challenging the renewal of the long-term water service contracts between the United States and the Central Valley Project Friant Division Contractors. After more than 18 years of litigation known as Natural Resources Defense Council, et al., v. Kirk Rodgers, et al., the NRDC, Friant Water Users Authority (FWUA), and the Departments of the Interior and Commerce (Settling Parties) reached agreement on the terms and conditions of the San Joaquin River Settlement. The Settlement can be found online at www.restoresjr.net.

The Mendota Pool Bypass and Reach 2B Improvements Project (Project) includes the construction, operation, and maintenance of the Mendota Pool Bypass and improvements in the San Joaquin River channel in Reach 2B to convey at least 4,500 cubic feet per second (cfs). Paragraph 11(a)(1) of the Settlement stipulates the creation of a bypass channel around the Mendota Pool to ensure conveyance of at least 4,500 cfs from Reach 2B downstream to Reach 3. Paragraph 11(a)(2) of the Settlement stipulates modifications in channel capacity, incorporating new floodplain habitat and related riparian habitat, to ensure conveyance of at least 4,500 cfs between the Chowchilla Bypass Bifurcation Structure and the new Mendota Pool Bypass.

http://www.restoresjr.net/

2.0 SCOPE

2.1 Objectives

The Contractor will support Reclamation in all aspects of complying with the biological aspects of Reclamation’s environmental compliance and permitting documents, documented in the Mendota Pool Bypass and Reach 2B Project Record of Decision Attachment B. Biological aspects include pre-construction surveys, biological monitoring, installation of one-way exit doors in burrows, identifying species or riparian habitat buffer areas and installing protection fences, worker awareness training, and identifying and implementing buffers for nesting migratory bird species as necessary. Species include both species listed under the Endangered Species Act, and non-listed species and habitat types for which environmental commitments are required by other regulations as listed in Attachment B of the Record of Decision or the other permits listed above. Species include but are not limited to the Western Pond Turtle (Actinemys marmorata or Emys marmorata), Swainson’s Hawk (Buteo swainsoni), other nesting raptors, tricolored blackbird (Agelaius tricolor), cliff swallow (Petrochelidon pyrrhonota), burrowing owl (Athene cunicularia), special-status bats, birds protected by the Migratory Birds Treaty Act, Valley elderberry longhorn beetle (Desmocerus californicus dimorphus), Blunt-nosed leopard lizard (Gambelia sila), Giant garter snake (Thamnophis gigas), Least Bell’s vireo (Vireo bellii pusillus), Fresno kangaroo rat (Dipodomys nitratoides), San Joaquin kit fox (Vulpes macrotis mutica), California jewelflower (Caulanthus californicus), Palmate-bracted bird’s beak (Cordylanthus palmatus), San Joaquin woolly threads (Monolopia (=Lembertia) congdonii), woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis), special-status plants listed in Table 1 of Appendix L of the San Joaquin River Restoration Program’s Programmatic Environmental Impact Statement / Report, “Biological Resources – Vegetation and Wildlife”, Pacific Lamprey (Entosphenus tridentatus or Lampetra tridentate), Central Valley steelhead Distinct Population Segment (DPS; Oncorhynchus mykiss), and Central Valley spring-run Chinook salmon Evolutionarily Significant Unit (ESU; O. tshawytscha). The Contractor will perform this work for the 3 year period of this contract. Specific objectives include:

- As specified by Reclamation, implement all biological environmental commitments and terms and conditions of permits established for the Project

- Perform all biological pre-construction surveys

- Perform all biological monitoring

- Perform construction worker awareness training

- Install flagging and fencing to mark buffer areas

- Development of species exclusion plans, and installation of fencing, one-way exit doors, and other means to exclude animals

- Species relocation and rescue plans and implementation

- Reporting species observations to the appropriate agencies

2.2 Location

Reclamation completed National Environmental Policy Act and Endangered Species Act compliance in 2016. The Record of Decision, United States Fish and Wildlife Service Biological Opinion, and National Marine Fisheries Service Biological Opinion include environmental commitments and conservation measures that Reclamation must comply with prior to or during construction of the Mendota Pool Bypass and Reach 2B Improvements Project.

The Project is located near the town of Mendota, between the Chowchilla Bypass Bifurcation Structure and about 1.5 miles downstream of Mendota Dam. Figure 1 below shows the project area and components.

Figure 1: Mendota Pool Bypass and Reach 2B Channel Improvements Project

2.2 Overview

Implementation of these environmental commitments and permit terms and conditions is of utmost importance to Reclamation. The San Joaquin River Restoration Program will be constructing projects through at least 2030. Maintaining relationships with permitting and regulatory agencies will be necessary to successfully meet the goals of the Program. The Contractor will be responsible for tasks that will enable Reclamation to comply with the biological terms of our permits and environmental compliance documents to maintain future success.

The Contractor will be performing pre-construction surveys and biological monitoring on an active construction site. Close coordination with construction contractors will be required. Construction contractors have been instructed to comply with the requirements of the on-site biological monitor, in order to meet the terms and measures in Reclamation’s environmental compliance and permitting documents. Construction contractors have also been instructed to provide advance notice to Reclamation, who will tell this Contractor, whenever construction activities advance to a new area. Reclamation, the construction contractors, and this Contractor will need to closely coordinate to ensure pre-construction surveys occur within their required windows for each aspect of construction.

Reclamation anticipates issuing several different construction contracts for the construction of the Project, which is anticipated to extend until at least 2025. Reclamation is still in the process of finalizing the construction sequence and contracts. Preliminarily, contracts may include:

- Columbia Canal Intake and Siphon

- Compact Bypass Earthwork

- Compact Bypass Revegetation and Nursery

- Structures

- Relocations

- Columbia Canal Regrading

- Reach 2B Floodplain Earthwork

- Reach 2B Floodplain Revegetation

Multiple construction contractors will be on site at the same time. Construction contractors will generally perform work in different areas. Coordination with the Contractor on the need for pre-construction surveys and biological monitoring at specific sites will be provided by Reclamation regarding near-term construction activities based on the applicability of permit requirements environmental commitments for each specific construction activity. The Contractor may need to provide multiple on-site biological monitors to cover various construction activities by multiple contractors.

This Contractor will perform tasks in compliance with all biological aspects of the environmental commitments in Attachment B of the Record of Decision of the Mendota Pool Bypass and Reach 2B Channel Improvements Project, which include pre-construction survey support, installation of one-way doors, buffer fencing, blockades or other techniques to comply with species measures, development and implementation of species exclusion plans, species relocations and rescues, species observation reporting, worker awareness training, and biological monitoring for all species, as specified in further detail in the tasks below.

The Contractor will not be responsible for completing National Environmental Policy Act, Endangered Species Act Section 7 consultation, or other environmental compliance documentation.

Contractor is not responsible for construction, but is responsible for installation of flagging or fencing to mark species buffer areas, and bird or other animal exclusions such as screening, fencing, and one-way exits. The Contractor is not responsible for habitat or species compensation.

The Contractor is not responsible for development of spill prevention or stormwater pollution prevention plans.

3.0 TASKS - The contractor shall perform the following tasks:

3.1 Project Management and Reporting

The Contractor shall coordinate closely with Reclamation and on-site construction contractors. The Contractor shall hold monthly conference calls with Reclamation. Reclamation may include the United States Fish and Wildlife Service, National Marine Fisheries Service, and/or the Department of Fish and Wildlife in these calls at Reclamation’s discretion. The Contractor shall prepare meeting agendas, presentations, and meeting minutes as necessary for these meetings. Presentations shall include updates on the latest pre-construction survey planning and results, species observations, nest disturbances, worker awareness training performed, exclusion fencing plans or results, or relocations, as appropriate.

The Contractor shall report all special status species observations in the project area to the California Natural Diversity Database and shall notify Reclamation of such reporting.

Deliverables: Please submit electronically, in Microsoft Word and pdf, with CNDDB reports in the appropriate electronic format.

- Meeting agenda: Final due 3 days prior to meeting

- Presentations: Final due 3 days prior to meeting

- Meeting minutes: Draft due 3 days after meeting, Final due 3 days after Reclamation comments

- Species observations reports to the California Natural Diversity Database within 1 month after observation

3.2 Pre-Construction Surveys

The Contractor will survey prior to construction for species and habitat types as described in the Mendota Pool Bypass and Reach 2B Channel Improvements Project ROD Attachment B. The Contractor will coordinate with Reclamation prior to surveys and field visits and Reclamation or other federal or state agency staff will be allowed to participate in the surveys or field visits.

Species include but are not limited to the Western Pond Turtle (Actinemys marmorata or Emys marmorata), Swainson’s Hawk (Buteo swainsoni), other nesting raptors, tricolored blackbird (Agelaius tricolor), cliff swallow (Petrochelidon pyrrhonota), burrowing owl (Athene cunicularia), special-status bats, birds protected by the Migratory Birds Treaty Act, Valley elderberry longhorn beetle (Desmocerus californicus dimorphus), Blunt-nosed leopard lizard (Gambelia sila), Giant garter snake (Thamnophis gigas), Least Bell’s vireo (Vireo bellii pusillus), Fresno kangaroo rat (Dipodomys nitratoides), San Joaquin kit fox (Vulpes macrotis mutica), California jewelflower (Caulanthus californicus), Palmate-bracted bird’s beak (Cordylanthus palmatus), San Joaquin woolly threads (Monolopia (=Lembertia) congdonii), woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis), special-status plants listed in Table 1 of Appendix L of the San Joaquin River Restoration Program’s Programmatic Environmental Impact Statement / Report, “Biological Resources – Vegetation and Wildlife”, Pacific Lamprey (Entosphenus tridentatus or Lampetra tridentate), Central Valley steelhead Distinct Population Segment (DPS;

Oncorhynchus mykiss), and Central Valley spring-run Chinook salmon Evolutionarily Significant

Unit (ESU; O. tshawytscha). Specific pre-construction surveys required include, but are not limited to, the following conservation measures described in Attachment B of the Mendota Pool Bypass and Reach 2B Channel Improvements Project Record of Decision:

- VELB-1

- BNLL-1

- PLANTS-1

- GGS-1

- WPT-1

- SWH-1

- RAPTOR-1

- RNB-1

- MBTA-1

- TRI-1

- SWA-1

- BRO-1

- BAT-1

- FKR-1

- SJKF-1

- PL-1

All pre-construction surveys, except when otherwise specified by Reclamation, will be surveys done by qualified biologists approved by the appropriate wildlife agency in accordance with the latest USFWS, DFW, or NMFS guidance, as specified in the measures listed above.

All of the pre-construction surveys will be required in 2017 prior to construction of the Columbia Canal Intake and Siphon on that portion of the project area (approximately 70 acres). Surveys will also be required a short time later, in late 2017 or 2018, prior to construction of the Compact Bypass earthwork on a larger area (approximately 120 acres). After the pre-construction surveys prior to the earthwork construction, construction is expected to continue throughout the Compact Bypass area through the end of this contract. Contractors should provide a pre-construction survey schedule with proposals.

Deliverables: Please submit electronically, in Microsoft Word and pdf.

- Updated pre-construction survey schedule: due monthly until all surveys complete in whole Compact Bypass area

- Resumes of all pre-construction survey biologists due within 1 month of award

- Written documentation via email of species findings within 2 days of each pre-construction survey completion

- Pre-Construction Survey Report, due 1 month after the completion of each survey

3.3 Biological Monitoring and Worker Awareness Training: Time and Materials Task The Contractor will be responsible for biological monitoring and worker awareness training of riparian habitat, as well as all of the species mentioned in the pre-construction survey task above (all species included in the Biological Opinions and National Environmental Policy Act document), as required. Specific biological monitoring requirements are included in the conservation measures described in Attachment B to the Record of Decision for the Mendota Pool Bypass and Reach 2B Channel Improvements Project.

The Contractor should assume that one on-site biological monitor qualified to monitor migratory and special-status birds as well as Giant Garter Snake will be required during the entire construction period, which should be assumed to begin September 2017 and continue throughout the duration of this contract. The Contractor should also assume that worker awareness training will be required for Giant Garter Snake, Swainson’s Hawk, tricolored blackbird, cliff swallow, other birds protected by the Migratory Bird Treaty Act, least Bell’s vireo, Central Valley steelhead, and Central Valley spring-run Chinook salmon every 4 months as construction contractors come onto the site.

Deliverables: Please submit electronically, in Microsoft Word and pdf.

- Resumes of all biological monitors and worker awareness training leaders due within 1 month of award explaining species survey experience and training

- Draft Workers Awareness Training materials for the assumed species listed above as well as any other species observed during pre-construction surveys, due 2 months after award or no more than 4 weeks before pre-construction surveys;

- Final Workers Awareness Training materials due 3 months after award or no more than 2 weeks before pre-construction surveys

- Written documentation via email of any species findings within 2 days of the species observation

3.4 Flagging, Exclusion Fencing, and Species Relocations: Time and Materials Task The Contractor will be responsible for fencing or flagging buffer areas for all the habitats and species discussed in the pre-construction survey task above, as required. Specific buffer flagging or marking, exclusion fencing or funnels, and species relocation requirements are included in the conservation measures described in Attachment B to the Record of Decision of the Mendota Pool Bypass and Reach 2B Channel Improvements Project. The following conservation measures require buffers, exclusion fencing, or buffer flagging as described in Attachment B to the Record of Decision of the Mendota Pool Bypass and Reach 2B Channel Improvements Project:

- VELB-1: 100 foot buffer

- PLANTS-1: 100 foot buffer

- GGS-1: 300 foot buffer around habitat and 200 foot buffer around aquatic areas

- GGS-1: Exclusion fencing during inactive period construction and one-way exit funnels will be installed at least 1 month before activities; relocations

- WPT-1: relocations

- SWH-1: ½ mile buffer; relocations

- RAPTOR-1: 500 foot buffer

- MBTA-1: buffer

- TRI-1: 60 foot buffer

- SWA-1: relocations

- BRO-1: varying buffer

- BRO-2: exclusion plan; relocations

- SWA-1: exclusion plan

- BAT-1

- SJKF-1

- PL-1

The Contractor should assume that flagging of the buffer area, exclusion fencing, and one-way exit funnels will be required for Giant Garter Snake along the entire Compact Bypass area, 4 bird nests requiring flagging of the buffer area per year, and exclusion plans and implementation, including relocations, for 1 bird colony and 1 acre of aquatic disturbance per year.

Deliverables: Please submit electronically, in Microsoft Word and pdf.

- Exclusion Plan: Due 1 month prior to exclusions required

- Relocation Report: Due 1 month after relocations completed

3.0 PERSONNEL QUALIFICATIONS

All pre-construction surveyors, biological monitors, and worker awareness training leaders shall provide resumes providing qualifications for specific species to Reclamation for approval by the United States Fish and Wildlife Service, National Marine Fisheries Service, and / or Department of Fish and Wildlife.

4.0 PERIOD OF PERFORMANCE

This contract will extend from the date of award until a date 3 years from the date of award.

5.0 GOVERNMENT-FURNISHED EQUIPMENT (GFE) AND MATERIALS:

4.1 Government Furnished Equipment: No equipment will be furnished by the government.

4.2 Government Furnished Materials: No materials will be furnished by the government.

6.0 REGULATIONS/POLICIES

The Contractor shall implement tasks in accordance with the with the Record of Decision of the Mendota Pool Bypass and Reach 2B Channel Improvements Project, as well as the United States Fish and Wildlife Service Biological Opinion, and the National Marine Fisheries Service Biological Opinion.

7.0 TRAVEL

The Contractor shall use the appropriate government rates as posted on www.gsa.gov. Provide details about any travel involved or put NA. If travel is on a reimbursable basis and is not predictable, add this sentence: “Travel expenses shall be approved in advance by the Contracting Officer. See attached request form.”

8.0 DELIVERABLES

http://www.gsa.gov/

TASK DELIVERABLE DUE DELIVER TO

3.1 Meeting Agenda 3 days prior to meeting 1 electronic copy to COR

3.1 Meeting Presentation 3 days prior to meeting 1 electronic copy to COR

3.1 Draft Meeting Minutes 3 days after meeting 1 electronic copy to COR

3.1 Final Meeting Minutes 3 days after comments 1 electronic copy to COR

3.1 Species Reports 1 month after observed 1 electronic copy to COR; 1 copy as required to CNDDB

3.2 Updated pre-construction

survey schedule Monthly until all species complete in Compact Bypass

1 electronic copy to COR

3.2 Resumes of all pre-

construction survey biologists

1 month of award 1 electronic copy to COR

3.2 Species Findings 2 days of each pre-

construction survey completion

Email to COR

3.2 Pre-Construction Survey

Report

1 month after completion of each survey

1 electronic copy to COR

3.3 Resumes of all biological

monitors and worker awareness training leaders

1 month of award 1 electronic copy to COR

3.3 Worker’s Awareness

Training Materials for species listed in PWS

Draft due 2 months after award; Final due 3 months after award

1 electronic copy to COR

3.3 Worker’s Awareness

Training Materials for species observed during pre-construction surveys

Draft 2 weeks of pre-construction surveys;

Final 4 weeks after pre-construction surveys

1 electronic copy to COR

3.3 Documentation of any

species observations

Same day species is observed

Email to COR

3.4 Exclusion Plan 1 month prior to

exclusions required

1 electronic copy to COR

3.4 Relocation Report 1 month after relocations

complete for that species

1 electronic copy to COR

9.0 QUALITY:

9.1 Contractor’s Performance Assessment Reporting System (CPARS). The attached Contractor Performance Report is provided for your information. This report will be completed by the Contracting Officer’s Representative (COR) at the end of the performance period and input into the Contractor’s Performance Assessment Reporting System (CPARS).

9.2 Performance-Based Contracting. Quality shall be measured based on the following:

Task Performance Objective Method of

Surveillance (Quality Assurance)

Standard to be Met/Allowable Deviation

1 Government concerns addressed in each set of final meeting agenda, presentation, and minutes

Observation by

COR

Less than 2 errors per final document

2 On-time delivery of pre-construction survey plans, results, and reports.

COR monitoring No more than 2 overdue occurrences of more than 2 working days without prior communication per year, and zero delays resulting in task order expiration or extension (modification) resulting in a negative impact to the Government.

3 Government concerns addressed in final set of Workers Awareness Training materials

COR monitoring Less than 2 errors per final training material

4 No complaints from wildlife agencies to Reclamation about species exclusion or relocation practices

COR observation 2 complaints addressed in a timely manner allowed per relocation effort

10.0 POINTS OF CONTACTS (POC): The POCs for this SOW are:

Contracting Officer’s Representative (COR):

Bureau of Reclamation San Joaquin River Restoration Program 2800 Cottage Way, W-1727 Sacramento, CA 95825 Phone:

Email:

Contractor point-of-contact information:

Contracting Officer (CO):

Bureau of Reclamation 2800 Cottage Way, W-1727 Sacramento, CA 95825 Phone: 916-978-5398 Email: wtanksley@usbr.gov

11.0 REFERENCES - The following list of documents are required in the performance of this contract:

Number

Title and Edition

Date

Source

1 Mendota Pool Bypass and Reach 2B Channel Improvements Project Record of Decision

October 2016 restoresjr.net

2 Mendota Pool Bypass and Reach 2B Channel Improvements Project United States Fish and Wildlife Service Biological Opinion

August 2016 restoresjr.net

3 Mendota Pool Bypass and Reach 2B Channel Improvements Project National Marine Fisheries Service Biological Opinion

October 2016 restoresjr.net

4 San Joaquin River Restoration Program Draft Programmatic Environmental Impact Statement / Report

July 2012 restoresjr.net